Walsh v. Defenders, Inc., 894 F.3d 583 (3d Cir. 2018). The “local controversy” exception to federal jurisdiction over putative class actions under the so-called Class Action Fairness Act of 2005, 28 U.S.C. §1332(d) (“CAFA”), requires certain uniquely local cases that were ...
Chief Justice Rabner has issued the General Assignment Order for 2018-19. It is available here. The Appellate Division lineup again features Judge Messano as Presiding Judge for Administration and Judge Sabatino as Deputy Presiding Judge for Administration. Those two judges, ...
Chief Justice Rabner has announced the elevation of three judges to the Appellate Division. Two of them, Judges Firko and Natali, have been serving on temporary assignment to the Appellate Division since April 16, 2018, as discussed here. The third ...
MTK Food Services, Inc. v. Sirius America Ins. Co., 455 N.J. Super. 307 (App. Div. 2018). In McCarrell v. Hoffman-LaRoche, Inc., 227 N.J. 569 (2017), discussed here, the Supreme Court adopted section 142 of the Restatement (Second) of Conflicts of ...
Harz v. Borough of Spring Lake, 234 N.J. 317 (2018). The New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 (“NJCRA”) is, in general, the New Jersey analog to the federal Civil Rights Act, 42 U.S.C. §1983. In Tumpson v. ...
Carroll v. E One, Inc., 893 F.3d 139 (3d Cir. 2018). Near the start of his opinion in this case, Chief Judge Smith observed that “[a]ttorneys’ fees and costs are typically not awarded when a matter is voluntarily dismissed with ...
G.A.-H. v. K.G.G., 455 N.J. Super. 294 (App. Div. 2018). An emergency medical technician (“EMT”), designated as “Kenneth” in today’s opinion by Judge Fisher, engaged in an unlawful sexual relationship with plaintiff (designated as “Georgia”), who was then just fifteen ...
Kean Federation of Teachers v. Morell, 233 N.J. 566 (2018). Yesterday’s opinion by Justice LaVecchia reversed in part and affirmed as modified a decision of the Appellate Division that was reported at 448 N.J. Super. 520 (App. Div. 2017), and ...
Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 233 N.J. 546 (2018). In a development application under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (“MLUL”), the law governing the application is determined as of “the date of ...
City Council of the City of Orange v. Edwards, 455 N.J. Super. 261 (App. Div. 2018). Willis Edwards III, the subject of today’s decision by Judge Currier, is a former member of the New Jersey Legislature, a professor who has ...